Fla. Hospital Wants Class Cert. In $867M Drug Antitrust Suit

Law360, New York (October 10, 2012, 7:38 PM EDT) -- A Florida hospital on Tuesday again requested certification of an $867 million antitrust class action accusing Astellas Pharma Inc. of improperly requiring use of its Adenoscan drug with patented cardiac tests, saying an earlier denial misread the U.S. Supreme Court’s ruling in Illinois Brick Co. v. Illinois.

Lakeland Regional Medical Center says in its motion for reconsideration that U.S. District Judge Virginia M. Hernandez Covington incorrectly determined last month that because the hospital buys brand-name adenosine through a wholesaler, it is an indirect purchaser that cannot...
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